Anti-suit injunctions

Exclusive jurisdiction clauses and anti-suit injunctions

As noted above, an anti-suit injunction can no longer be granted by the English courts to restrain the defendant’s participation in proceedings elsewhere in the EU or EFTA in breach of an exclusive jurisdiction clause. That restriction does not apply if the foreign court is outside the EU and EFTA. In Beazley v Horizon Offshore Contractors Inc [2004] EWHC 2555 (Comm), HHJ Chambers QC considered whether it was appropriate for the English court to grant an anti-suit injunction to support an exclusive jurisdiction clause nominating England. The outcome was never seriously in doubt.